Oriental Medicine Doctor Using Ultrasound Diagnostic Device Acquitted in Retrial: "Not Illegal"

An oriental medicine doctor who used an ultrasound diagnostic device in treatment was acquitted in a retrial following a Supreme Court ruling at the end of last year.

On the 14th, the 9th Criminal Division of the Seoul Central District Court (Presiding Judge Seongbok Lee) acquitted Mr. Park in the retrial of Mr. A, an oriental medicine doctor indicted for violating the Medical Service Act. The court stated, "It is not clear that the use of an ultrasound diagnostic device as an auxiliary tool in treatment contradicts the principles of oriental medicine, nor is it easy to see that it caused health hazards beyond the usual level of medical practice," adding, "Therefore, it cannot be considered 'medical acts other than those licensed as an oriental medicine doctor' under the Medical Service Act."

Mr. A, who runs an oriental medicine clinic in Gangnam-gu, Seoul, was prosecuted for performing medical acts beyond his license by using an ultrasound diagnostic device 68 times while treating patient Mr. B from March 2010 to June 2012.

In the previous first and second trials, Mr. A was fined 800,000 won. However, in December last year, the Supreme Court ruled that "a new standard is needed to determine whether the use of diagnostic medical devices developed through advances in medical engineering and science and technology by oriental medicine doctors constitutes 'medical acts beyond the license,'" and sent the case back to the Seoul Central District Court with a verdict of not guilty. The court further stated, "There is no regulation prohibiting oriental medicine doctors from using ultrasound diagnostic devices, and even if used as an auxiliary diagnostic tool, it cannot be concluded that there is a risk of health hazards beyond the usual level."

After the verdict, Han Hong-gu, Vice President of the Korean Oriental Medicine Association, said, "Today's oriental medicine doctors are not people from the Joseon Dynasty who studied by reading Donguibogam, but modern individuals armed with scientific knowledge and rationality," adding, "I am pleased that scientific and objective oriental medical treatment is now possible." Last month, the Supreme Court also ruled that oriental medicine doctors can use electroencephalographs to diagnose Parkinson's disease and dementia. However, the use of X-rays, computed tomography (CT), and magnetic resonance imaging (MRI) by oriental medicine doctors remains prohibited under current law.

This content was produced with the assistance of AI translation services.